Attorney: NY's 'Castle Doctrine' allows homeowners to use deadly force against intruder

The incident has raised questions about what a New York homeowner's legal rights are if an intruder breaks in

News 12 Staff

Mar 6, 2022, 10:38 PM

Updated 812 days ago

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A suspected burglar was shot after allegedly trying to break into an NYPD detective's West Babylon home Saturday.
The incident has raised questions about what a New York homeowner's legal rights are if an intruder breaks in.
Legal experts say in New York, the homeowner is within their rights to use a firearm in their house under what's called the Castle Doctrine.
"In your home, your home is your castle, you have no duty to flee or retreat from the situation," says attorney Brian Griffin. "You can stand where you are and defend yourself, your family members, including using deadly physical force."
Griffin, a criminal defense attorney, says the Castle Doctrine applies to all homeowners whether they are off-duty law enforcement or not.
He says the homeowner must have a lawful firearm to use it legally.
Griffin also says there are nuances to the law if you are outside the physical home. But inside the home, "all bets are off."


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